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Patna High Court

Nandu MukhiaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bail bonds, sureties, and verification of his criminal antecedents.

Summary

The petitioner, Nandu Mukhia, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act concerning the alleged recovery of 168 litres of liquor from a bag belonging to another individual, Ram Balak Mukhiya. The petitioner argued that he had no possession of the liquor, the bag did not belong to him, and the only evidence against him was a confessional statement made by Ram Balak Mukhiya while in police custody, which the petitioner contended lacked evidentiary value. He further submitted that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, rendering the prosecution’s basis weak. The State opposed the anticipatory bail, insisting on the seriousness of the offence. The Court granted provisional anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and conditioned on verification of the petitioner’s criminal antecedents within six weeks, after which the bail may be confirmed or set aside.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether a confessional statement of a co-accused, made in police custody, suffices to implicate the petitioner without direct possession evidence.
  • Whether the 2018 amendment removing deemed possession and presumed offender concepts affects the bail consideration.

Subjects

  • anticipatory bail
  • excise law
  • possession
  • confessional statement
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • Section 482(2)
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18333 of 2026
                  Arising Out of PS. Case No.-356 Year-2023 Thana- MAHUAWA District- East Champaran
                 ======================================================
                 Nandu Mukhia S/O Bhola Mukhia R/O Village- Tinkoni ,P.S-Darpa ,Distrct-
                 East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vijay Shankar Shrivastava
                 For the Opposite Party/s :      Mr. Madhura Nand Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   25-03-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 168 litres of liquor from a bag of

                   Ram Balak Mukhiya. It is next submitted that petitioner was

                   not arrested from the spot as such nothing was recovered from

                   his conscious possession and even alleged recovery is from a

                   bag which does not belong to the petitioner and he has no

                   concern or relation with Ram Balak Mukhiya and he came to be

                   implicated based on confessional statement of Ram Balak
Patna High Court CR. MISC. No.18333 of 2026(2) dt.25-03-2026
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          Mukhiya in police custody which does not have any evidentiary

          value and after amendment in the Excise Act in the year 2018,

          the concept of deemed possession and presumed offender has

          been done away with. It is also submitted that once an accused

          is implicated in a case relating to excise, the police starts

          implicating mechanically either through chowkidar, local

          person, confessional statement or secret information without

          holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with

          two sureties of the like amount each to the satisfaction of the

          learned trial court where the case is pending/successor court in

          connection with Mahuawa P.S. Case No.356/2023, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than
             Patna High Court CR. MISC. No.18333 of 2026(2) dt.25-03-2026
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                       two cases, in that event, it would be presumed that petitioner

                       had concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of two

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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